Ex Parte Snyder - Page 4

            Appeal 2007-1457                                                                                 
            Application 10/033,121                                                                           

        1                         FACTS PERTINENT TO THE ISSUES                                              
        2       The following Findings of Fact (FF), supported by a preponderance of                         
        3   substantial evidence, are pertinent to the above issues.                                         
        4       01. Claim 1 has the limitation that “the step of acquiring a digital picture is              
        5             triggered by the step of obtaining the weight of the produce item.”                    
        6       02. Humble states that                                                                       
        7          When a product enters the security zone 38, a sensor 42 detects the                       
        8          product and commands the moving conveyor to stop at a point where                         
        9          the product is disposed on a weight scale 44.  The weight scale 44                        
       10          includes weighing means for determining a weight of the product to                        
       11          an accuracy which complies with government standards.  The weight                         
       12          of the product is sensed and transmitted to a processor 48 for a price                    
       13          calculation as hereinafter described.                                                     
       14                A camera means such as video camera 52 is disposed for                              
       15          capturing a video image of the product in the security zone 38.  The                      
       16          image (as well as the weight) may be recorded when the transport is                       
       17          stopped, or may be recorded "on the fly."  The video image is either                      
       18          stored temporarily in a memory 54 or transmitted immediately to a                         
       19          video monitor 58 which is disposed for displaying the video image to                      
       20          one or more store personnel.  [Emphasis added.]                                           
       21          (Humble, col. 3, l. 60 – col. 4, l. 8).                                                   
       22       03. The above portion of Humble describes a camera taking a picture of an                    
       23             item and suggests including the weight of the item based on the output of              
       24             a scale that the item is placed on.                                                    
       25       04. Thus, the above portion of Humble suggests that, at least in such an                     
       26             embodiment as described and suggested, determining the weight would                    
       27             be a necessary condition to acquiring the image of the item.                           




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